2023 -- S 1006
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LC002770
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
____________
A N A C T
RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
Introduced By: Senators Gu, Kallman, Lombardo, Sosnowski, Mack, Pearson, Ruggerio,
and Valverde
Date Introduced: May 15, 2023
Referred To: Senate Housing & Municipal Government
It is enacted by the General Assembly as follows:
SECTION 1. Sections 45-24-31, 45-24-37 and 45-24-73 of the General Laws in Chapter 1
45-24 entitled "Zoning Ordinances" are hereby amended to read as follows: 2
45-24-31. Definitions. 3
Where words or terms used in this chapter are defined in § 45-22.2-4 or 45-23-32, they 4
have the meanings stated in that section. In addition, the following words have the following 5
meanings. Additional words and phrases may be used in developing local ordinances under this 6
chapter; however, the words and phrases defined in this section are controlling in all local 7
ordinances created under this chapter: 8
(1) Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with 9
no intervening land. 10
(2) Accessory dwelling unit (ADU). A residential living unit on the same parcel lot where 11
the primary principal use is a legally established single-dwelling unit or multi-unit dwelling units. 12
An ADU provides complete independent living facilities for one or more persons. It may take 13
various forms including, but not limited to: a detached unit; a unit that is part of an accessory 14
structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary 15
dwelling. 16
(3) Accessory use. A use of land or of a building, or portion thereof, customarily incidental 17
and subordinate to the principal use of the land or building. An accessory use may be restricted to 18
the same lot as the principal use. An accessory use shall not be permitted without the principal use 19
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to which it is related. 1
(4) Aggrieved party. An aggrieved party, for purposes of this chapter, shall be: 2
(i) Any person, or persons, or entity, or entities, who or that can demonstrate that his, her, 3
or its property will be injured by a decision of any officer or agency responsible for administering 4
the zoning ordinance of a city or town; or 5
(ii) Anyone requiring notice pursuant to this chapter. 6
(5) Agricultural land. “Agricultural land,” as defined in § 45-22.2-4. 7
(6) Airport hazard area. “Airport hazard area,” as defined in § 1-3-2. 8
(7) Applicant. An owner, or authorized agent of the owner, submitting an application or 9
appealing an action of any official, board, or agency. 10
(8) Application. The completed form, or forms, and all accompanying documents, exhibits, 11
and fees required of an applicant by an approving authority for development review, approval, or 12
permitting purposes. 13
(9) Buffer. Land that is maintained in either a natural or landscaped state, and is used to 14
screen or mitigate the impacts of development on surrounding areas, properties, or rights-of-way. 15
(10) Building. Any structure used or intended for supporting or sheltering any use or 16
occupancy. 17
(11) Building envelope. The three-dimensional space within which a structure is permitted 18
to be built on a lot and that is defined by regulations governing building setbacks, maximum height, 19
and bulk; by other regulations; or by any combination thereof. 20
(12) Building height. For a vacant parcel of land, building height shall be measured from 21
the average, existing-grade elevation where the foundation of the structure is proposed. For an 22
existing structure, building height shall be measured from average grade taken from the outermost 23
four (4) corners of the existing foundation. In all cases, building height shall be measured to the top 24
of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, 25
chimneys, flag poles, and the like. For any property or structure located in a special flood hazard 26
area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the 27
Rhode Island coastal resources management council (CRMC) suggested design elevation three foot 28
(3′) sea level rise (CRMC SDE 3 SLR) map as being inundated during a one-hundred-year (100) 29
storm, the greater of the following amounts, expressed in feet, shall be excluded from the building 30
height calculation: 31
(i) The base flood elevation on the FEMA FIRM plus up to five feet (5′) of any utilized or 32
proposed freeboard, less the average existing grade elevation; or 33
(ii) The suggested design elevation as depicted on the CRMC SDE 3 SLR map during a 34
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one-hundred-year (100) storm, less the average existing grade elevation. CRMC shall reevaluate 1
the appropriate suggested design elevation map for the exclusion every ten (10) years, or as 2
otherwise necessary. 3
(13) Cluster. A site-planning technique that concentrates buildings in specific areas on the 4
site to allow the remaining land to be used for recreation, common open space, and/or preservation 5
of environmentally, historically, culturally, or other sensitive features and/or structures. The 6
techniques used to concentrate buildings shall be specified in the ordinance and may include, but 7
are not limited to, reduction in lot areas, setback requirements, and/or bulk requirements, with the 8
resultant open land being devoted by deed restrictions for one or more uses. Under cluster 9
development, there is no increase in the number of lots that would be permitted under conventional 10
development except where ordinance provisions include incentive bonuses for certain types or 11
conditions of development. 12
(14) Common ownership. Either: 13
(i) Ownership by one or more individuals or entities in any form of ownership of two (2) 14
or more contiguous lots; or 15
(ii) Ownership by any association (ownership may also include a municipality) of one or 16
more lots under specific development techniques. 17
(15) Community residence. A home or residential facility where children and/or adults 18
reside in a family setting and may or may not receive supervised care. This does not include halfway 19
houses or substance-use-disorder-treatment facilities. This does include, but is not limited to, the 20
following: 21
(i) Whenever six (6) or fewer children or adults with intellectual and/or developmental 22
disability reside in any type of residence in the community, as licensed by the state pursuant to 23
chapter 24 of title 40.1. All requirements pertaining to local zoning are waived for these community 24
residences; 25
(ii) A group home providing care or supervision, or both, to not more than eight (8) persons 26
with disabilities, and licensed by the state pursuant to chapter 24 of title 40.1; 27
(iii) A residence for children providing care or supervision, or both, to not more than eight 28
(8) children, including those of the caregiver, and licensed by the state pursuant to chapter 72.1 of 29
title 42; 30
(iv) A community transitional residence providing care or assistance, or both, to no more 31
than six (6) unrelated persons or no more than three (3) families, not to exceed a total of eight (8) 32
persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, 33
abuse, or neglect, and who are expected to reside in that residence not less than sixty (60) days nor 34
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more than two (2) years. Residents will have access to, and use of, all common areas, including 1
eating areas and living rooms, and will receive appropriate social services for the purpose of 2
fostering independence, self-sufficiency, and eventual transition to a permanent living situation. 3
(16) Comprehensive plan. The comprehensive plan adopted and approved pursuant to 4
chapter 22.2 of this title and to which any zoning adopted pursuant to this chapter shall be in 5
compliance. 6
(17) Day care — Daycare center. Any other daycare center that is not a family daycare 7
home. 8
(18) Day care — Family daycare home. Any home, other than the individual’s home, in 9
which day care in lieu of parental care or supervision is offered at the same time to six (6) or less 10
individuals who are not relatives of the caregiver, but may not contain more than a total of eight 11
(8) individuals receiving day care. 12
(19) Density, residential. The number of dwelling units per unit of land. 13
(20) Development. The construction, reconstruction, conversion, structural alteration, 14
relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; 15
or any change in use, or alteration or extension of the use, of land. 16
(21) Development plan review. The process whereby authorized, local officials review the 17
site plans, maps, and other documentation of a development to determine the compliance with the 18
stated purposes and standards of the ordinance. 19
(22) District. See “zoning-use district.” 20
(23) Drainage system. A system for the removal of water from land by drains, grading, or 21
other appropriate means. These techniques may include runoff controls to minimize erosion and 22
sedimentation during and after construction or development; the means for preserving surface and 23
groundwaters; and the prevention and/or alleviation of flooding. 24
(24) Dwelling unit. A structure, or portion of a structure, providing complete, independent 25
living facilities for one or more persons, including permanent provisions for living, sleeping, eating, 26
cooking, and sanitation, and containing a separate means of ingress and egress. 27
(25) Extractive industry. The extraction of minerals, including: solids, such as coal and 28
ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes 29
quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other 30
preparation customarily done at the extraction site or as a part of the extractive activity. 31
(26) Family member. A person, or persons, related by blood, marriage, or other legal 32
means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, 33
grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household. 34
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(27) Floating zone. An unmapped zoning district adopted within the ordinance that is 1
established on the zoning map only when an application for development, meeting the zone 2
requirements, is approved. 3
(28) Floodplains, or Flood hazard area. As defined in § 45-22.2-4. 4
(29) Freeboard. A factor of safety expressed in feet above the base flood elevation of a 5
flood hazard area for purposes of floodplain management. Freeboard compensates for the many 6
unknown factors that could contribute to flood heights, such as wave action, bridge openings, and 7
the hydrological effect of urbanization of the watershed. 8
(30) Groundwater. “Groundwater” and associated terms, as defined in § 46-13.1-3. 9
(31) Halfway house. A residential facility for adults or children who have been 10
institutionalized for criminal conduct and who require a group setting to facilitate the transition to 11
a functional member of society. 12
(32) Hardship. See § 45-24-41. 13
(33) Historic district or historic site. As defined in § 45-22.2-4. 14
(34) Home occupation. Any activity customarily carried out for gain by a resident, 15
conducted as an accessory use in the resident’s dwelling unit. 16
(35) Household. One or more persons living together in a single-dwelling unit, with 17
common access to, and common use of, all living and eating areas and all areas and facilities for 18
the preparation and storage of food within the dwelling unit. The term “household unit” is 19
synonymous with the term “dwelling unit” for determining the number of units allowed within any 20
structure on any lot in a zoning district. An individual household shall consist of any one of the 21
following: 22
(i) A family, which may also include servants and employees living with the family; or 23
(ii) A person or group of unrelated persons living together. The maximum number may be 24
set by local ordinance, but this maximum shall not be less than three (3). 25
(36) Incentive zoning. The process whereby the local authority may grant additional 26
development capacity in exchange for the developer’s provision of a public benefit or amenity as 27
specified in local ordinances. 28
(37) Infrastructure. Facilities and services needed to sustain residential, commercial, 29
industrial, institutional, and other activities. 30
(38) Land-development project. A project in which one or more lots, tracts, or parcels of 31
land are developed or redeveloped as a coordinated site for one or more uses, units, or structures, 32
including, but not limited to, planned development or cluster development for residential, 33
commercial, institutional, recreational, open space, or mixed uses as provided in the zoning 34
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ordinance. 1
(39) Lot. Either: 2
(i) The basic development unit for determination of lot area, depth, and other dimensional 3
regulations; or 4
(ii) A parcel of land whose boundaries have been established by some legal instrument, 5
such as a recorded deed or recorded map, and that is recognized as a separate legal entity for 6
purposes of transfer of title. 7
(40) Lot area. The total area within the boundaries of a lot, excluding any street right-of-8
way, usually reported in acres or square feet. 9
(41) Lot area, minimum. The smallest land area established by the local zoning ordinance 10
upon which a use, building, or structure may be located in a particular zoning district. 11
(42) Lot building coverage. That portion of the lot that is, or may be, covered by buildings 12
and accessory buildings. 13
(43) Lot depth. The distance measured from the front lot line to the rear lot line. For lots 14
where the front and rear lot lines are not parallel, the lot depth is an average of the depth. 15
(44) Lot frontage. That portion of a lot abutting a street. A zoning ordinance shall specify 16
how noncontiguous frontage will be considered with regard to minimum frontage requirements. 17
(45) Lot line. A line of record, bounding a lot, that divides one lot from another lot or from 18
a public or private street or any other public or private space and shall include: 19
(i) Front: the lot line separating a lot from a street right-of-way. A zoning ordinance shall 20
specify the method to be used to determine the front lot line on lots fronting on more than one 21
street, for example, corner and through lots; 22
(ii) Rear: the lot line opposite and most distant from the front lot line, or in the case of 23
triangular or otherwise irregularly shaped lots, an assumed line at least ten feet (10′) in length 24
entirely within the lot, parallel to and at a maximum distance from, the front lot line; and 25
(iii) Side: any lot line other than a front or rear lot line. On a corner lot, a side lot line may 26
be a street lot line, depending on requirements of the local zoning ordinance. 27
(46) Lot size, minimum. Shall have the same meaning as “minimum lot area” defined 28
herein. 29
(47) Lot, through. A lot that fronts upon two (2) parallel streets, or that fronts upon two 30
(2) streets that do not intersect at the boundaries of the lot. 31
(48) Lot width. The horizontal distance between the side lines of a lot measured at right 32
angles to its depth along a straight line parallel to the front lot line at the minimum front setback 33
line. 34
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(49) Mere inconvenience. See § 45-24-41. 1
(50) Mixed use. A mixture of land uses within a single development, building, or tract. 2
(51) Modification. Permission granted and administered by the zoning enforcement officer 3
of the city or town, and pursuant to the provisions of this chapter to grant a dimensional variance 4
other than lot area requirements from the zoning ordinance to a limited degree as determined by 5
the zoning ordinance of the city or town, but not to exceed twenty-five percent (25%) of each of 6
the applicable dimensional requirements. 7
(52) Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully 8
existing at the time of the adoption or amendment of a zoning ordinance and not in conformity with 9
the provisions of that ordinance or amendment. Nonconformance is of only two (2) types: 10
(i) Nonconforming by use: a lawfully established use of land, building, or structure that is 11
not a permitted use in that zoning district. A building or structure containing more dwelling units 12
than are permitted by the use regulations of a zoning ordinance is nonconformity by use; or 13
(ii) Nonconforming by dimension: a building, structure, or parcel of land not in compliance 14
with the dimensional regulations of the zoning ordinance. Dimensional regulations include all 15
regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building 16
or structure containing more dwelling units than are permitted by the use regulations of a zoning 17
ordinance is nonconforming by use; a building or structure containing a permitted number of 18
dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per 19
dwelling unit regulations, is nonconforming by dimension. 20
(53) Overlay district. A district established in a zoning ordinance that is superimposed on 21
one or more districts or parts of districts. The standards and requirements associated with an overlay 22
district may be more or less restrictive than those in the underlying districts consistent with other 23
applicable state and federal laws. 24
(54) Performance standards. A set of criteria or limits relating to elements that a particular 25
use or process must either meet or may not exceed. 26
(55) Permitted use. A use by right that is specifically authorized in a particular zoning 27
district. 28
(56) Planned development. A “land-development project,” as defined in subsection (38), 29
and developed according to plan as a single entity and containing one or more structures or uses 30
with appurtenant common areas. 31
(57) Plant agriculture. The growing of plants for food or fiber, to sell or consume. 32
(58) Preapplication conference. A review meeting of a proposed development held 33
between applicants and reviewing agencies as permitted by law and municipal ordinance, before 34
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formal submission of an application for a permit or for development approval. 1
(59) Setback line or lines. A line, or lines, parallel to a lot line at the minimum distance of 2
the required setback for the zoning district in which the lot is located that establishes the area within 3
which the principal structure must be erected or placed. 4
(60) Site plan. The development plan for one or more lots on which is shown the existing 5
and/or the proposed conditions of the lot. 6
(61) Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface 7
of the ground. 8
(62) Special use. A regulated use that is permitted pursuant to the special-use permit issued 9
by the authorized governmental entity, pursuant to § 45-24-42. Formerly referred to as a special 10
exception. 11
(63) Structure. A combination of materials to form a construction for use, occupancy, or 12
ornamentation, whether installed on, above, or below the surface of land or water. 13
(64) Substandard lot of record. Any lot lawfully existing at the time of adoption or 14
amendment of a zoning ordinance and not in conformance with the dimensional or area provisions 15
of that ordinance. 16
(65) Use. The purpose or activity for which land or buildings are designed, arranged, or 17
intended, or for which land or buildings are occupied or maintained. 18
(66) Variance. Permission to depart from the literal requirements of a zoning ordinance. 19
An authorization for the construction or maintenance of a building or structure, or for the 20
establishment or maintenance of a use of land, that is prohibited by a zoning ordinance. There are 21
only two (2) categories of variance, a use variance or a dimensional variance. 22
(i) Use variance. Permission to depart from the use requirements of a zoning ordinance 23
where the applicant for the requested variance has shown by evidence upon the record that the 24
subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the 25
zoning ordinance. 26
(ii) Dimensional variance. Permission to depart from the dimensional requirements of a 27
zoning ordinance, where the applicant for the requested relief has shown, by evidence upon the 28
record, that there is no other reasonable alternative way to enjoy a legally permitted beneficial use 29
of the subject property unless granted the requested relief from the dimensional regulations. 30
However, the fact that a use may be more profitable or that a structure may be more valuable after 31
the relief is granted are not grounds for relief. 32
(67) Waters. As defined in § 46-12-1(23). 33
(68) Wetland, coastal. As defined in § 45-22.2-4. 34
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(69) Wetland, freshwater. As defined in § 2-1-20. 1
(70) Zoning certificate. A document signed by the zoning-enforcement officer, as required 2
in the zoning ordinance, that acknowledges that a use, structure, building, or lot either complies 3
with, or is legally nonconforming to, the provisions of the municipal zoning ordinance or is an 4
authorized variance or modification therefrom. 5
(71) Zoning map. The map, or maps, that are a part of the zoning ordinance and that 6
delineate the boundaries of all mapped zoning districts within the physical boundary of the city or 7
town. 8
(72) Zoning ordinance. An ordinance enacted by the legislative body of the city or town 9
pursuant to this chapter and in the manner providing for the adoption of ordinances in the city or 10
town’s legislative or home rule charter, if any, that establish regulations and standards relating to 11
the nature and extent of uses of land and structures; that is consistent with the comprehensive plan 12
of the city or town as defined in chapter 22.2 of this title; that includes a zoning map; and that 13
complies with the provisions of this chapter. 14
(73) Zoning-use district. The basic unit in zoning, either mapped or unmapped, to which 15
a uniform set of regulations applies, or a uniform set of regulations for a specified use. Zoning-use 16
districts include, but are not limited to: agricultural, commercial, industrial, institutional, open 17
space, and residential. Each district may include sub-districts. Districts may be combined. 18
45-24-37. General provisions — Permitted uses. 19
(a) The zoning ordinance shall provide a listing of all land uses and/or performance 20
standards for uses that are permitted within the zoning use districts of the municipality. The 21
ordinance may provide for a procedure under which a proposed land use that is not specifically 22
listed may be presented by the property owner to the zoning board of review or to a local official 23
or agency charged with administration and enforcement of the ordinance for an evaluation and 24
determination of whether the proposed use is of a similar type, character, and intensity as a listed 25
permitted use. Upon such determination, the proposed use may be considered to be a permitted use. 26
(b) Notwithstanding any other provision of this chapter, the following uses are permitted 27
uses within all residential zoning use districts of a municipality and all industrial and commercial 28
zoning use districts except where residential use is prohibited for public health or safety reasons: 29
(1) Households; 30
(2) Community residences; and 31
(3) Family daycare homes. 32
(c) Any time a building or other structure used for residential purposes, or a portion of a 33
building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire 34
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or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, 1
or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former 2
occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated 3
and otherwise made fit for occupancy. The property owner, or a properly designated agent of the 4
owner, is only allowed to cause the mobile and manufactured home, or homes, to remain 5
temporarily upon the land by making timely application to the local building official for the 6
purposes of obtaining the necessary permits to repair or rebuild the structure. 7
(d) Notwithstanding any other provision of this chapter, appropriate access for people with 8
disabilities to residential structures is allowed as a reasonable accommodation for any person(s) 9
residing, or intending to reside, in the residential structure. 10
(e) Notwithstanding any other provision of this chapter, an accessory dwelling unit units 11
shall be permitted in accordance in an owner-occupied residence that complies with §§ 45-24-31 12
and 45-24-73 shall be permitted as a reasonable accommodation for family members with 13
disabilities or who are sixty-two (62) years of age or older, or to accommodate other family 14
members. 15
(f) When used in this section the terms “people with disabilities” or “member, or members, 16
with disabilities” means a person(s) who has a physical or mental impairment that substantially 17
limits one or more major life activities, as defined in § 42-87-1(7). 18
(g) Notwithstanding any other provisions of this chapter, plant agriculture is a permitted 19
use within all zoning districts of a municipality, including all industrial and commercial zoning 20
districts, except where prohibited for public health or safety reasons or the protection of wildlife 21
habitat. 22
45-24-73. Consistent statewide treatment of accessory dwelling units required Design 23
standards required for accessory dwelling units -- Consistent statewide treatment of 24
accessory dwelling units required. 25
(a) Any municipality that chooses to permit accessory dwelling units (ADUs) within the 26
municipality, shall not impose any excessive restrictions on accessory dwelling units (ADUs). 27
More specifically, a municipality that permits ADUs shall not: (1) Uniform zoning standards for 28
accessory dwelling units; 29
(i) One accessory dwelling unit (ADU) shall be allowed by right on any owner-occupied 30
lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more; provided that, the 31
lot is zoned to allow single-family or multi-family dwelling residential use. 32
(ii) One accessory dwelling unit (ADU) shall be allowed by right on any owner-occupied 33
lot with a total lot area less than twenty thousand square feet (20,000 sq. ft.) where the proposed 34
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ADU is located within the existing footprint of the primary structure or legally permitted secondary 1
attached or detached structure and does not expand the footprint of the structure; provided that, the 2
lot is zoned to allow single-family or multi-family dwelling residential use. 3
(2) For all existing ADUs and all ADU applications submitted after July 1, 2023, a 4
municipality may not: 5
(1)(i) Restrict tenants based on familial relationship relationships or age unless such 6
restriction is necessary to comply with the terms of the federal subsidy municipal, state, or federal 7
subsidies or tax incentives related to affordability; 8
(2)(ii) Charge unique or unreasonable application, impact, or permitting fees for the 9
creation of an ADU that in any instance exceed those that would be charged for a new single-family 10
dwelling; 11
(3)(iii) Require infrastructure improvements in connection with the ADU, including, but 12
not limited to, separate water or sewer service lines or expanded septic system capacity; provided, 13
however, municipalities may require modification unless such improvements and/or modifications 14
are required for compliance under state law or regulation regulations provided in subsection (12) 15
of this section; 16
(4)(iv) Discriminate against populations protected under state and federal fair housing 17
laws; 18
(5)(v) Impose unreasonable dimensional requirements or other development standards on 19
ADUs that effectively preclude their development or utilization in any instance are more restrictive 20
than the dimensional requirements or development standards for accessory structures in the same 21
zoning district; 22
(A) Provided, an ADU shall be allowed up to the height of the primary dwelling unit, 23
inclusive of the roof. 24
(B) Provided, an ADU qualifies by right under subsection (1) of this section, whose 25
application is submitted after July 1, 2023, shall be allowed up to nine hundred square feet (900 sq. 26
ft.) in floor area, and shall not exceed nine hundred square feet (900 sq. ft.) in floor area. 27
(6)(vi) Require a larger minimum lot size for a property with an ADU over that required 28
for a property without an ADU in the same zone; 29
(7)(vii) Require more than one off-street parking space beyond what is already required for 30
the primary use; or dwelling; 31
(8)(viii) Limit ADUs to lots with preexisting homes; provided, a municipality shall allow 32
ADUs dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling 33
units or subdivisions.; 34
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(ix) Limit the number of bedrooms that may be provided in an ADU, unless such limits are 1
required for compliance under state law or regulations provided in this section; 2
(x) Impose floor area requirements on an ADU or the primary dwellings associated with 3
an ADU beyond what is required by the state housing maintenance and occupancy code pursuant 4
to § 45-24.3-11; 5
(xi) Require all ADUs to be low-and moderate-income housing as defined by § 45-53-3; 6
or 7
(xii) Revoke the permitted status or otherwise require the disassembly of a legally 8
established ADU upon transfer of title or occupancy. 9
(3) Applications for ADUs that qualify by right under § 45-24-73(1) shall be approved 10
without requiring: 11
(i) A public hearing; 12
(ii) A use variance or special use permit; 13
(iii) Major or minor land development review; or 14
(iv) Other discretionary action of the zoning or planning boards or officials of a 15
municipality, other than review by the zoning officer to ensure compliance with applicable zoning 16
ordinances and § 45-24-31 and this section. 17
(4) Applications for ADUs that are not part of a larger development proposal and do not 18
qualify by right under subsection (1) of this section shall be reviewed through an administrative 19
officer or development plan review process. They shall not, by themselves, be reviewed as minor 20
land development, major land development, or special use permits. 21
(5) Municipalities may utilize a unified development review process for any application 22
that includes ADUs, regardless of whether a city or town has opted into the current unified 23
development review statute. 24
(6) As part of the approval process, municipalities may exempt ADUs from all or part of 25
utility assessment and/or tie in fees. 26
(7) For any ADUs constructed prior to January 1, 2023 that are not legally permitted, 27
municipalities shall allow a grace period of one year for the owner to bring the ADU into 28
compliance with building code regulations (title 510 of the Rhode Island code of regulations) and 29
shall issue a permit for the ADU if all building code regulations are satisfied at the end of the grace 30
period. 31
(8) Before obtaining a building permit for an ADU, the property owner shall record, with 32
the municipality, a declaration of restrictions containing a reference to the deed under which the 33
property was acquired by the present owner and stating that the ADU cannot be sold separately 34
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from the primary dwelling. 1
(b) To further enable the use of ADUs and to remove barriers to utilization, municipalities 2
may allow ADUs in primary or accessory structures that are lawfully established preexisting non-3
conforming through a special use permit and not require a variance, notwithstanding any provision 4
of this chapter to the contrary that would require a variance. 5
(c)(9) Private restrictions on ADUs imposed by condominium associations, homeowner 6
associations, or similar residential property governing bodies, which conflict with the provisions 7
of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public 8
policy. Provided, however, if ADUs are allowed by condominium association covenants, 9
homeowner association covenants, or similar residential property governing bodies, they shall be 10
deemed in compliance with this subsection. 11
(d)(10) The development of ADUs shall not be restricted by any locally adopted ordinance 12
or policy that places a limit or moratorium on the development of residential units in land zoned 13
for residential use. 14
(11) ADUs shall not be offered or rented for tourist or transient use or through a hosting 15
platform, as such terms are defined in § 42-63.1-2. 16
(12) Nothing contained in § 45-24-37 and this section shall be construed to supersede or in 17
any way alter or lessen the effect or application of state regulations, including, but not limited to: 18
(i) Title 250 of the Rhode Island code of regulation; 19
(ii) Title 510 of the Rhode Island code of regulation; and 20
(iii) Title 650 of the Rhode Island code of regulation. 21
SECTION 2. Section 45-24-74 of the General Laws in Chapter 45-24 entitled "Zoning 22
Ordinances" is hereby repealed. 23
45-24-74. Additional zoning provisions for applications for accessory dwelling units. 24
(a) Applications for accessory dwelling units (ADUs) that are not part of a larger 25
development proposal shall be reviewed through an administrative officer or development plan 26
review process. They shall not, by themselves, be reviewed as minor land development, major land 27
development, or special use permits. 28
(b) ADUs shall be a permitted use in any residential district with a minimum lot size of 29
twenty thousand square feet (20,000 sq. ft.) or more, and where the proposed ADU is located within 30
the existing footprint of the primary structure or existing secondary attached or detached structure 31
and does not expand the footprint of the structure. 32
(c) Municipalities may utilize a unified development review process for any application 33
that includes ADUs, regardless of whether a city or town has opted into the current unified 34
LC002770 - Page 14 of 15
development review statute. 1
(d) As part of the approval process, municipalities may exempt ADUs from all or part of 2
utility assessment and/or tie in fees. 3
SECTION 3. This act shall take effect upon passage. 4
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LC002770 - Page 15 of 15
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO TOWNS AN D CITIES -- ZONING ORDINANCES
***
This act would amend several sections of law relating to zoning ordinances to provide 1
uniform zoning standards for accessory dwelling units. 2
This act would take effect upon passage. 3
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